Ingels v. Sutliff
Supreme Court of Kansas
JEh'ror from, Atchison District Court. All material facts are embraced in the findings of fact, which are as follows: “1. On November 19, 1880, the defendants executed their promissory note and delivered the same to the plaintiff, a copy of which is as follows: “ ‘ $62.40. Atchison, Kansas, November 19,1880. — On August 1,1881, after date, we promise to pay to the order of George W. Sutliff, at the Atchison Savings Bank, sixty-two dollars and forty cents, ($62.40,) with…
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JEh'ror from, Atchison District Court. All material facts are embraced in the findings of fact, which are as follows: “1. On November 19, 1880, the defendants executed their promissory note and delivered the same to the plaintiff, a copy of which is as follows: “ ‘ $62.40. Atchison, Kansas, November 19,1880. — On August 1,1881, after date, we promise to pay to the order of George W. Sutliff, at the Atchison Savings Bank, sixty-two dollars and forty cents, ($62.40,) with interest after date at the rate of twelve per cent, per annum until paid; also costs of collection, including reasonable…
1Opinion of the Court
Opinion by
Simpson, C.:
The counsel for plaintiff in error rely on these two assignments for reversal:
1. The payment of $30 on the note on the 29th of January, 1882, and the promise of defendant in error, in consideration of that payment, to wait six months or one year, or as soon between six months and one year after that date as Ingels could pay the balance due on- the note.
2. The delay of the defendant in error to bring suit on said note when requested by Becker, the surety, to do so, who communicated to Sutliff the fact that Ingels was disposing of all his property.
As to the first…
2Cases cited2 opinions
- Jenness v. CutlerSupreme Court of Kansas · 1874
- Turner v. HaleSupreme Court of Kansas · 1871
3Cited by8 opinions
- Stroud v. ThomasCalifornia Supreme Court · 1903
- Peoples Exchange Bank v. MillerSupreme Court of Kansas · 1934
- Hier v. HarpsterSupreme Court of Kansas · 1907
- National Bank of Poteau v. LowreySupreme Court of Oklahoma · 1916
- Sherman County v. NicholsNebraska Supreme Court · 1902
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